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W.P.9940 of 2010
Nandlal Basore Moti Kachhi and ors
27.8.2010
Shri R.K. Samaiya, Counsel for the petitioner.
This petition is directed against an order dated
16.4.2010 by the II Additional District Judge, Damoh by
which the trial Court considering the valuation of the suit and
court fees paid thereon directed the plaintiff to either pay the
court fees as per the valuation put by the plaintiff for the
purpose of jurisdiction or to correct the valuation of the suit
and make payment of the court fees accordingly.
Learned counsel for the petitioner submitted that the
respondent sold the entire property for Rs.3,64,000/- out of
which a small portion of the petitioner’s property
admeasuring 10′ x15′ was also sold, so the petitioner for the
purpose of jurisdiction of the Court valued the suit as per the
valuation of the sale deed i.e. Rs.3,64,000/- but for the
purpose of mandatory injunction valued the suit for Rs.500/-
and for possession as per twenty time of the land revenue for
20 paise and court fees of Rs.10/- was paid. It is submitted
that the court fees was adequately paid by the petitioner.
The aforesaid contention is misconceived. Section 8 of
the Suit Valuation Act,1887 provides as under :-
“8. Court-fee value and jurisdictional value
to be in the same in certain suits -Where in suits other
than those referred to in the Court fee Act,1870 section
7, paragraphs v,vi and ix and paragraph x, clause (d),
court fees are payable ad valorem under the Court fees
Act,1870 the value as determinable for the computation
of court fees and the value for purposes of jurisdiction
shall be the same.”
In this case, petitioner is claiming relief of mandatory
injunction and for the relief of mandatory injunction, plaintiff
has to value the suit as per Section 7-4 (d) of the Court Fees
Act and for possession the plaintiff has to value the suit as
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W.P.9940 of 2010
Nandlal Basore Moti Kachhi and ors
27.8.2010
per 20 times of the land revenue, which is provided under
Section 7(5) of the Court Fees Act and to make payment of
Court fees. But when the plaintiff valued the suit for the
purpose of jurisdiction for Rs.3,46,000/-, then the plaintiff is
required to make payment of ad velorem court fees on the
relief of injunction. However, the trial Court considering the
peculiar facts of the case rightly directed the petitioner to
make proper valuation of the suit and to make payment of
court fees there of. In the impugned order, we do not find
and error of jurisdiction warranting our interference under
Art. 227 of the Constitution of India. This petition is
accordingly dismissed with no order as to costs.
(Krishn Kumar Lahoti) (S.C. Sinho)
JUDGE JUDGE
vj